HomeMy WebLinkAbout2012/02/14 Item 04oRDnJANCE No. SECOND READING AND ADOpt10N
ORDINANCE OF THE CITY OF CHliLA VISTA AMENDING THE
ZONING M.AP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE
SECTION 19.18.010 TO REZONE TW0.26 ACRE PARCELS LOCATED
TO THE REAR OF THE FRESH AND EASY NEIGHBORHOOD MARKET
AT THE NORTHEAST CORNER OF THIRD AVENUE AND J STREET
FROM Rl (SINGLE-FAMILY RESIDENTIAL) TO R2 (ONE AND TWO
FAMILY RESIDENTIAL)
I.
RECITALS
A. Project Site
\VHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter
19.18.010 of the Chula Vista Murticipal Code, and the area of the Zoning Map to be used as the
project azea is identified as Exhibit "A," attached hereto; and
B. Project; Application for Discretionary Approval
WHEREAS, an application Haas made by Fresh and Easy Neighborhood Mazket (Applicant)
to amend the Zoning Map to rezone two parcels consisting of 26 acres located to the reaz of its store
located at the northeast corner of Third Avenue and J Street from RI (Single-Family Residential) to
R2 (One and Two Family Residential) (the "Project") and was filed with the City of Chula Vista
Development Services Department on October 6, ZO11; and
C. Prior Discretionary Approvals
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for a Class 11 Categorical Exemption pursuant to Section 15311 (b) of the State
CEQA Guidelines. Thus, no further environmental review is required; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
January 1 I, 2012, and voted 7-0-0-0 to recommend that the City Council approve the rezone in
accordance with the Findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission at
their public hearing on this Project held on January 11, 2012, and the minutes and resolutions
resulting therefrom, aze hereby incorporated into the record of this proceeding; and
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Ordinance No.
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E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council of the
City of Chula Vista on January 24, 2012 on the Project to receive the recommendations of the
Planning Commission, and to heaz public testimony with regazd to the same.
II NOW, THEREFORE BE TT ORDAINED, that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A. CERTIFICATION OF COMPLIANCE WTI'H CEQA
That the Development Services Director has reviewed the rezone request for compliance with
CEQA and has determined that the project qualifies for a Class 11 Categorical Exemption pursuant
to Section 15311 (b) of the State CEQA Guidelines. Thus, no further em~ironmental review is
required.
B. INDEPENDENT JUDGEMENT OF CITY COL~CIL
That the City Council has exercised their independent review and judgement and concurs
with the Development Services Director's determination that the rezone qualifies for a Class 11
Categorical Exemption pursuant to Section 15311 (b) of the State CEQA Guidelines.
C. FINDINGS FOR RESIDENTIAL ZONE AMENDMENTS
That the City Council hereby finds that the Findings and determinations made by the
Planning Commission are true and correct and the proposed residential rezone for the Project is
consistent with the City of Chula Vista General Plan, is found to be a public necessity and good
zoning practice.
D. APPROVAL OF ZONING REGL"CATIONS
That the City Council does hereby approve the proposed Residential rezone for the Project.
III. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the event
that any one or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio.
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N. EFFECTNE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to
Gary Halbert, P.E., AICP
Assistant City Manager/
Development Services Director
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